CORE CRIMINAL LAW SUBJECTS: Crimes: Article 120 - Rape and Sexual Assault Generally


(a) Rape:


(b) Sexual Assault:

2023 (October Term)

United States v. Wilson, 84 M.J. 383 (to the extent that United States v. Morrison, 52 MJ 117 (CAAF 1999), may be viewed as standing for the proposition that (a) intent is not "in issue" in those sexual assault cases where the underlying conduct, standing alone, is overtly sexual in nature, and (b) under such circumstances "intent evidence" automatically fails to survive a MRE 403 analysis or to meet the second prong of the three prong MRE 404(b) evidentiary test, that conclusion is not supported by CAAF's other case law; in a series of precedents over the years, CAAF has held that intent is always at issue in a criminal case—even when the defense chooses not to contest it).

2022 (October Term)

United States v. Smith, 83 M.J. 350 (the evidence for appellant’s conviction for sexual assault by oral penetration was legally sufficient where the government introduced ample evidence for a rational trier of fact to find beyond a reasonable doubt that appellant committed a sexual act upon the victim when she was incapable of consenting due to impairment by intoxication, and appellant knew or reasonably should have known of the impairment). 

(incapable of consenting to a sexual act means lacking the cognitive ability to appreciate the sexual conduct in question or lacking the mental or physical ability to make or communicate a decision about whether the alleged victim agrees to the conduct). 

(intoxication, standing alone, does not indicate one is sufficiently impaired to be incapable of consenting to sexual activity).

(c) Aggravated Sexual Contact:

 

(d) Abusive Sexual Contact:



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